The principles Sibal was advocating for may not strictly apply, CJI said ⚖️

Supreme Court of India
Maharashtra Crisis
AM Singhvi
Shiv Sena
CJI DY Chandrchud
Kapil Sibal
Uddhav Thackerey
Eknath Shinde
Tushar Mehta
Jethmalani
The ‘real’ Shiv Sena
Maharashtra
Law Role
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📚 Video Topic :
🔥 In the Shiv Sena crisis, the Chief Justice of India (CJI) made this remark to Kapil Sibal during the hearings in the Supreme Court, challenging some of Sibal's arguments. The context here revolves around a legal battle concerning the split within the Shiv Sena and the removal of Uddhav Thackeray from his position as Chief Minister after a faction led by Eknath Shinde broke away. When the CJI said, "The same principle will apply to any motion for removal may not strictly be right," it was in reference to Sibal’s argument regarding the process of removing Uddhav Thackeray and issues of disqualification and defection under the Tenth Schedule of the Constitution (anti-defection law). Sibal argued that certain procedures and constitutional norms must be followed when MLAs break away or challenge party leadership. The CJI, in this remark, seemed to be suggesting that the principles Sibal was advocating for (regarding internal party processes) may not strictly apply in the same way to every aspect of the case, particularly concerning motions of removal (like the no-confidence motion or removal of a party leader). The CJI's point was that the legal principles related to defection or disqualification might not necessarily extend uniformly to the issue of removing someone from a leadership position within a party or government. This exchange reflected the complexity of the legal arguments in the case, where constitutional principles, party rules, and the anti-defection law were all being scrutinized to determine the legitimacy of the power shift in Maharashtra.
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